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Home My WebLink AboutR-14-11 Utility EasementRESOLUTION NO. R -14 -11 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO UTILITY EASEMENTS; CREATING A UTILITY EASEMENT ON PARTS OF LOTS 4, 5 AND 9, BLOCK 10, EDGEWATER PARK SUBDIVISION OF THE CITY OF SEBASTIAN, AS RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING EXECUTION OF THE GRANT OF EASEMENT; PROVIDING FOR RECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there are no existing easements in the area to provide access to the utility lines along Indian River Drive, for River Park Plaza, whose address is 480 -484 U.S. Highway #1, Sebastian, Florida; and WHEREAS, the City has received a request to create a non - exclusive utility easement on City -owned property identified as parts of Lots 4, 5 and 9, Block 10, Edgewater Park Subdivision, for access to the utility lines along Indian River Drive; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. CREATION OF EASEMENT. The City Council of the City of Sebastian does hereby create and establish a non - exclusive utility easement on City of Sebastian- owned property, identified on Attachment "I", GRANT OF EASEMENT, to this resolution, and further described and indicated specifically as the shaded area on Exhibit "A" to the Grant of Easement. Section 2. EXECUTION. The Mayor of the City of Sebastian, Indian River County, Florida, is hereby authorized to sign, and the City Clerk to attest, on behalf of the City of Sebastian, the Grant of Easement described herein. Section 3. RECORDING. The City Clerk shall record the Grant of Easement in the Official Records of Indian River County, Florida, after receipt of a fully executed instrument. Section 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of the Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. upon its adoption. This resolution shall take effect immediately The foregoing Resolution was moved for adoption by Councilmember c The motion was seconded by Councilmember vote, the vote was as follows: Mayor Robert McPartlan Vice -Mayor Jim Hill Councilmember Jerome Adams Councilmember Andrea Coy Councilmember Richard Gillmor Adams aye aye aye aye ave and, upon being put into a The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of May , 2014 CITY OF SEBASTIAN, FLORIDA By: Bob McPartlan, Mayor ATT Sally A. M 'o, MMC City Cler Approved as to form and legality for reliance by the City of Sebastian only: Robert Ginsburg, City Attorney Prepared by and return to: 3120140033304 City of Sebastian ' 1225 Main Street RECORDED IN THE PUBLIC RECORDS OF Sebastian, FL 32958 JEFFREY R SMITH, CLERK OF COURT 772-589-5518 INDIAN RIVER COUNTY FL BK: 2764 PG: 1513 Page 1 of 4 6/9/2014 11:49 AM D DOCTAX PD$0.70 GRANT OF EASEMENT THIS GRANT OF EASEMENT, made and executed this 2.2 ilhday of May , 2014, by CITY OF SEBASTIAN, a municipal corporation of the State bf Florida, whose mailing address is 1225 Main Street, Sebastian, Florida 32958, hereinafter called GRANTOR, to RIVER PARK PLAZA, LLC, a limited liability company, having a mailing address of 426 SE 6th Street, Dania Beach, Florida, 33004, its successors and assigns, hereinafter called GRANTEE. WITNESSETH : That GRANTOR for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, receipt of which is hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE, a perpetual easement for utilities over, across, and beneath the following described land, indicated specifically as the shaded area, and situate in Indian River County, Florida, to-wit: See Exhibit "A" attached hereto. And GRANTOR hereby covenants with said GRANTEE that the GRANTOR is lawfully seized of said servient land in fee simple, and that the GRANTOR has good right and lawful authority to convey the easement established hereby and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S hand and seal the day and year first above written. CITY OF SEBASTIAN, a municipal corporation of the State of Florida By: Bob McPartlan, Mayor "°ATTEST: Date of Council approval: 3/Z 2//477 / By: Sally A. aio, MMC • City Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me thisAday of a , 2014, by Bob McPartlan, Mayor, and Sally A. Maio, MMC, City Clerk df the City of Sebastian, who are personally known to me. ,f� s; JEANETTEWILLIAMS s ►; .k- Commission # EE 038067 �'a Expires February 28, 2015 %i" Aei.v Bonded Thru Troy Fain Insurance 800385 -7019 (SEAL): NOTARY PUBLIC daiql& /'�j P nted name: ,je.o-n e e- + (l ck.rv%S ommission No.: E O 3R o (, -7 Commission Expiration: 2 - 28 - 15 EXH I BIT "A" SKETCH & DESCRIPTION SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST UTILITY EASEMENT SHEET I OF 2 NOT VALID WITHOUT THE SKETCH ON SHEET 2 OF 2 LEGAL DESCRIPTION: THE SOUTH 7.0 FEET OF LOTS 4, 5 AND 9, BLOCK 10 EDGEWATER PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, WHICH PLAT HAS BEEN RE -FILED WITH CHANGES AS TO BLOCKS 11, 12 AND 13 IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY OF RECORD, IF ANY. SURVEYORS NOTES: 1.) BEARINGS BASED ON THE ASSUMPTION THAT THE SOUTH LINE OF EDGEWATER PARK BEARS N90'00'00 "W. 2 PROFESSIONAL SURVEYOR AND MAPPER IN RESPOND 13]_E QHARGE STEVE CARTECHINE FLORIDA- CERTIFICATE .NO:, _r89 CERTIFICATE OF AUTHORIZATION #LB _7,45., =" DATE OF SIGNATURE NOT VALID UNLESS SIGNED AND SEALED PREPARED FOR: RIVERPARK PLAZA PREPARED BY: INDIAN RIVER SURVEY, INC. ADDRESS: 1835 20TH STREET, VERO BEACH, FLORIDA 32960 PHONE: (772) 569 -7880 DRAWN BY: SPC CHECKED BY: REVISIONS: 10/22/12 DRAWING NO. 12 -261 SKETCH & DESCRIPTION SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST UTILITY EASEMENT THIS IS NOT A SURVEY LOT 4 BLOCK 10 SHEET 2 OF 2 NOT VALID WITHOUT THE LEGAL DESCRIPTION ON SHEET 1 OF 2 Scale: V = 20' o LOT 8 BLOCK 10 15' INGRESS AND LOT 5 EGRESS EASEMENT BLOCK 10 �/ LOT 9 BLOCK 1D F_ 7.00' rt s 4 N20*29'37 "W LSOUTN LINE OF EDGEWATER PARK, S20'22'5J "E 7.47' PLAT BOOK 1, PAGE 23 7.47' F.D.O.T. LATERAL DITCH NO. 8 50' RIGHT OF WAY DRAWING NO.: 12 -261 M.• \DRAWINGS \SURVEYS \PROJECTS \000 — IRS -11 \IRS 12- 261 \esmt\ easement dwg May. 05, 2014 — 9:57am View: EASEMENT PREPARED BY: INDIAN RIVER SURVEY, INC. PROFESSIONAL SURVEYING AND MAPPING